S T A T E   O F   N E W   Y O R K
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                                   8352
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to amend the insurance law, in relation to expanding the avail-
   ability of meaningful service contracts to protect New Yorkers leasing
   automobiles for their  personal  use  from  unanticipated  "lease-end"
   charges related to excess use or wear and tear of the leased vehicle
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (k) of section 7902 of  the  insurance  law,  as
 amended  by  chapter  409  of  the  laws  of 2012, is amended to read as
 follows:
   (k) "Service contract" means a contract or agreement, for  a  separate
 or  additional  consideration,  for  a  specific duration to perform the
 repair, replacement or maintenance of property, or  indemnification  for
 repair,  replacement  or  maintenance,  due  to a defect in materials or
 workmanship or wear and tear, with or without additional  provision  for
 indemnity  payments  for incidental damages, provided any such indemnity
 payment per incident shall not exceed the purchase price of the property
 serviced.  Service contracts may include towing,  rental  and  emergency
 road  service, and may also provide for the repair, replacement or main-
 tenance of property for damage resulting from  power  surges  and  acci-
 dental   damage  from  handling.  Service  contracts  may  also  include
 contracts to repair, replace  or  maintain  residential  appliances  and
 systems.  Such  term shall also mean a contract or agreement made (1) by
 or for the manufacturer or seller of a motor vehicle tire for repair  or
 replacement  of the tire or wheel as the result of damage arising from a
 road hazard, (2) by or for the supplier  or  seller  of  a  service  for
 repair of chips or cracks in a motor vehicle windshield, but not includ-
 ing  services that involve the replacement of the entire windshield, and
 (3) by or for the supplier or seller of a service for repair or  removal
 of  dents,  dings  or creases from a motor vehicle without affecting the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11329-02-7

 A. 8352                             2
 
 existing paint finish using paintless dent repair  techniques,  but  not
 including  services that involve the replacement of vehicle body panels,
 or sanding, bonding or painting. IN CONJUNCTION  WITH  A  MOTOR  VEHICLE
 LEASED FOR PERSONAL USE, SUCH TERM SHALL ALSO MEAN A CONTRACT TO PERFORM
 THE REPAIR, REPLACEMENT OR MAINTENANCE OF PROPERTY, OR TO PROVIDE INDEM-
 NIFICATION  FOR  REPAIR,  REPLACEMENT OR MAINTENANCE, DUE TO EXCESS WEAR
 AND USE OR DAMAGE FOR ITEMS SUCH AS TIRES, PAINT CRACKS OR CHIPS,  INTE-
 RIOR  STAINS, RIPS OR SCRATCHES, EXTERIOR DENTS OR SCRATCHES, WINDSHIELD
 CRACKS OR CHIPS, MISSING INTERIOR OR EXTERIOR PARTS  THAT  RESULT  IN  A
 LEASE-END CHARGE NOT OTHERWISE COVERED BY A SERVICE AGREEMENT OR WARRAN-
 TY, PROVIDED ANY SUCH PAYMENT SHALL NOT EXCEED THE PURCHASE PRICE OF THE
 VEHICLE.
   § 2. This act shall take effect immediately.